Using suspensions and exclusions
This guidance explains the law and statutory requirements for suspensions and permanent exclusions.
It applies to:
- maintained schools
- academies (including free schools, studio schools and university technical colleges)
- alternative provision academies (including alternative provision free schools)
- pupil referral units
The Department for Education (DfE) provides full statutory guidance on GOV.UK in Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, on the GOV.UK website.
Alternatives to permanent exclusion
Headteachers should avoid permanently excluding:
- pupils with an education, health and care (EHC) plan
- looked-after children
You should follow the strategies set out in DfE guidance.
Early intervention
Schools should use early intervention to:
- address the causes of disruptive behaviour
- reduce the need for suspension or permanent exclusion
Off-site direction
Maintained schools can direct pupils off-site to improve behaviour.
Academies can arrange off-site provision using their general powers under their articles of association.
Managed moves
A pupil can transfer to another school through a managed move if:
- all parties agree
- parents consent
You must not use the threat of suspension or permanent exclusion to pressure parents to remove their child.
Support from Ormiston Academies Trust
Ormiston Academies Trust can support schools with pupils who are struggling in mainstream education. They offer a range of alternative options.
Headteacher duties: notifying relevant parties
Notifying parents
You must notify parents without delay if you suspend or permanently exclude a pupil.
You must include:
- the reason for the decision
- the length of the suspension (if fixed-term)
- information about how parents can make representations
- details of their right to attend a governing board meeting
- information about requesting a remote meeting
Notifying other professionals
You must also notify the following without delay:
- the local authority
- the pupil’s social worker (if they have one)
- the virtual school head (VSH), if the pupil is looked after
You must do this for all suspensions and permanent exclusions, regardless of length.
Model letters
DfE guidance does not include model letters.
You should:
- use the recommended templates for different scenarios
- download a new version each time you need one
- avoid saving old copies, as templates may be updated
Data returns
Schools must continue to submit termly exclusion data to the education data team to meet DfE requirements.
Arranging alternative provision (day 6)
Permanent exclusion
The local authority must arrange suitable full-time education from the sixth school day after a permanent exclusion.
Schools must notify the local authority without delay.
You must also:
- send a copy of the exclusion letter
- complete the appropriate referral form (primary or secondary)
If the pupil lives in a different local authority area, you must notify their home authority without delay.
Fixed-term suspensions
If a suspension lasts more than 5 consecutive school days, education must be provided from day 6.
- Secondary pupils: Ormiston Academies Trust provides this provision. Schools must complete the relevant referral form.
- Primary pupils: schools must arrange provision between themselves
Governing boards and academy trusts
Governing boards and academy trusts must review exclusion decisions and decide whether to reinstate the pupil.
Timescales
They must meet within:
- 15 school days for:
- permanent exclusions
- suspensions totalling more than 15 days in a term
- cases where a pupil will miss a public exam
- 50 school days for:
- suspensions between 5 and 15 days (if parents request a meeting)
See DfE guidance for a full summary of duties and timelines. GOV.UK website.
Support
The senior school governance adviser can provide advice on arranging governing board meetings.
Independent review panels (IRPs)
If a parent requests a review, the local authority or academy trust must arrange an independent review panel.
The panel reviews decisions not to reinstate a permanently excluded pupil.
Requirements
You must:
- ensure panel members and clerks are trained
- appoint a special educational needs (SEN) expert if requested by parents
This applies whether or not the school has identified SEN.
For RBKC and WCC maintained schools, IRPs will be arranged by Educationappeals Dotcom Ltd.
For academies and free schools that have not themselves commissioned Educationappeals Dotcom Ltd, they will need to source an independent provider to arrange their IRP.
Arrangements
For maintained schools in RBKC and WCC, IRPs are arranged by Educationappeals Dotcom Ltd.
Academies and free schools must arrange their own provider if they do not use this service.
Reporting and outcomes
The local authority must report to the DfE on:
- the number of IRPs
- their outcomes
You must notify the local authority without delay of:
- governing board decisions
- IRP decisions
There may be financial implications depending on outcomes.
Permanent exclusion notifications
Please send all permanent exclusion notifications to: [email protected]